Administrative Code

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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 20. Marine Resources Commission
Chapter 1330. Living Shoreline Group 2 General Permit for Certain Living Shoreline Treatments Involving Submerged Lands, Tidal Wetlands, or Coastal Primary Sand Dunes and Beaches

4VAC20-1330-50. Permit conditions.

Permits issued are subject to the following conditions:

1. The project authorized by this general permit shall be completed within two years of the issuance of the permit. Upon written request by the permittee prior to the permit expiration date, the permit may be extended to allow completion of the work. All other conditions remain in effect until revoked by the commission, wetlands board, or the General Assembly.

2. This permit grants no authority to the permittee to encroach on property rights, including riparian rights, of others.

3. The duly authorized agents of the commission and the applicable local government shall have the right to enter upon the premises at reasonable times for the purposes of inspecting the work authorized by the permit and to evaluate compliance with the terms and conditions of the permit. Although the general permit is issued by the commissioner, the applicable local wetlands board retains jurisdiction and may enforce violations and any nonconformance with the permit occurring within tidal wetlands and coastal primary sand dunes and beaches.

4. The permittee shall comply with all applicable federal, state, and local laws, ordinances, rules, and regulations concerning the project, specifically including those related to the U.S. Army Corps of Engineers, water quality standards, erosion and sedimentation control, the Chesapeake Bay Preservation Act, the Stormwater Management Act, and the Virginia Water Protection Permit Program. The granting of this permit shall not relieve the permittee of the responsibility of obtaining any and all other permits or authorization for this project.

5. The permit shall not affect or interfere with the right vouchsafed to the people of Virginia concerning fowling and the catching of and taking of oysters and other shellfish in and from the waters not included within the terms of the permit.

6. The permittee shall to the greatest extent practicable minimize adverse impacts of the project on adjacent properties and wetlands and upon the natural resources of the Commonwealth.

7. The permit may be revoked at any time by the commission upon the failure of the permittee to comply with the terms and conditions hereof or at the will of the General Assembly of Virginia.

8. Any portion of the waters within the boundaries of the Baylor Survey is expressly excluded from this permit.

9. This permit is subject to any lease of oyster planting ground in effect on the date of the permit. Nothing in the permit shall be construed as allowing the permittee to encroach on any lease without the consent of the leaseholder. The permittee shall be liable for any damages to such lease.

10. The issuance of this permit does not confer upon the permittee any interest or title to the submerged lands.

11. All structures authorized by this permit that are not maintained in good repair or are displaced to areas not authorized shall be completely removed within 30 days after notification by the commission or its designated representatives.

12. The permittee agrees to comply with all the terms and conditions as set forth in this permit and that the project will be accomplished within the boundaries as outlined in the plans attached to this permit. Any encroachment beyond the limits of this permit shall constitute a Class 1 misdemeanor.

13. This permit authorizes no claim to archaeological artifacts that may be encountered during the course of construction. If, however, archaeological remains are encountered, the permittee agrees to notify the commission, which will subsequently notify the Department of Historic Resources. The permittee further agrees to cooperate with agencies of the Commonwealth in the recovery of archaeological remains if deemed necessary.

14. The permittee agrees to indemnify and save harmless the Commonwealth of Virginia and any applicable locality from any liability arising from the establishment, operation, or maintenance of said project.

15. This general permit shall be retained by the permittee for the duration of the project as evidence of authorization and shall not be transferred without the written consent of the commissioner.

Statutory Authority

§ 28.2-104.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 34, Issue 6, eff. November 1, 2017.

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